A lawsuit filed against the YMCA of Simcoe/Muskoka (YMS) over their sale of Geneva Park has been dismissed.
Earlier this month, grassroots organization Friends of Geneva Park (FoGP) sued YMS over the sale of the park to developer Clayton Smith, arguing that their contributions to the park and to YMS over the years earned them input on the park’s future.
A hearing took place yesterday, and the court dismissed the case earlier today. With the lawsuit’s dismissal, the sale of Geneva Park is now complete.
“There's the end of 110 years of history that is pretty precious to some of us who've been part of it all our lives, so it's a sad day,” FoGP board member Gord Ball told OrilliaMatters Friday.
“In the end, we still hung on to the hope that we could partner with (YMS) on some kind of a solution to their problems,” Ball said. “We have enormous and capable resources within our community of over 1,000 people who were quite willing to help.”
In her ruling, Justice Vanessa Christie stated that community contributions to Geneva Park did not earn FoGP a formal role in the land’s sale or determination of its future.
“There is absolutely no evidence in this case that YSM has held the property in trust for the applicants, or frankly for anyone. All of the evidence provided, which this court has carefully considered, would demonstrate the opposite,” she stated in a 21-page decision released earlier today.
“YSM treated the FOGP as a stakeholder, one of many. FOGP was certainly an interested party in the operations of Geneva Park, and ultimately in the sale process. However, that is where it ends. All of the evidence points away from the fact that YSM intended any such trust.”
Christie also noted it would be “irresponsible” for YMS to continue owning and operating the property.
“There is no evidence that the charitable property in this case is being misused,” she wrote. “The property is being sold because the YMCA/YSM can no longer maintain its upkeep while fulfilling its charitable objectives. Frankly, on this evidence, it would be irresponsible for the organization to continue to try to do so. It is a difficult decision that the YSM had to make to fulfill its mandate, and to free up funds to put back into its charitable purposes.”
Ball said he is not surprised by the ruling, but he is disappointed.
“There's a lot of legal detail in this, and in the end the court had to make its decision based on the law,” he said. “What is unfortunately not always considered in cases such as that is the moral argument, so we're of course very disappointed by the decision, but perhaps not really surprised.”
YMS stated that the sale of Geneva Park to Clayton Smith is the “best possible outcome” for both the YMCA and for the Geneva Park community.
“The sale of Geneva Park is now complete. We have achieved a solution that is the best possible outcome for our YMCA and all those who love Geneva Park. The buyer can begin the critical process of renewing this important legacy property for the future,” YMS said in a statement.
“Our work now will turn to facilitating a smooth transition, which includes working with the buyer to explore opportunities to celebrate the YMCA’s legacy at the park to this point in time," read the statement from the local Y's vice president, Pamela Marck
"Our board of directors will be making a plan about how the proceeds of the sale will be invested into the charitable activities of our association. This will be undertaken through a thoughtful process, according to our new strategic plan, which will take some time. However, we are committed to communicating with the communities we serve across the region as these decisions are made," she noted in the statement.
